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Family Provision Act 1966

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This is the original version (as it was originally enacted).

3Periodical payments under Inheritance (Family Provision) Act 1938 or under s. 26 of Matrimonial Causes Act 1965

(1)In section 1 of the Inheritance (Family Provision) Act 1938, as amended by Schedule 3 to the Intestates' Estates Act 1952, there shall be omitted subsection (3) (under which the amount of the periodical payments ordered by way of maintenance out of the deceased's estate for a spouse and children are limited to the estimated income of his net estate at the date of the order).

(2)In section 3 of the Inheritance (Family Provision) Act 1938, as so amended, there shall be inserted as a new subsection (1A): —

(1A)Any order under this Act providing for maintenance by way of periodical payments may provide for payments of a specified amount, or for payments equal to the whole or part of the income of the net estate or of the income of any part to be set aside or appropriated under this Act of the net estate, or may provide for the amount of the payments or any of them to be determined in any other way which the court thinks fit

and in section 28(3) of the Matrimonial Causes Act 1965 (maintenance out of deceased's estate for former spouse) after the words " Section 3 of the Inheritance (Family Provision) Act 1938 " there shall be inserted the words

as amended by the Family Provision Act 1966;

.

(3)This section shall come into force on the date of the passing of this Act, and orders made before that date under the Inheritance (Family Provision) Act 1938, or under any Act applying section 3 of the Inheritance (Family Provision) Act 1938, shall be deemed to have been within the powers of the Act in question if they would have been within those powers had the amendments made by this section in the Inheritance (Family Provision) Act 1938 been made by the Intestates' Estates Act 1952.

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